A  CONTENTION  OF  DELEGATES, 


ELECTED  BY  THE  CITIZENS 

OF  THE 

DIFFERENT  DISTRICTS  .INTERESTED 

IN  THE 

CONNEXION 

OF  THE 

SUSQUEHANNA  AN©  LEHIGH  RIVERS, 

THROUGH  THE  VALLEY  OF  THE  NESCOPECK, 

AND  IN  THE 

NAVIGATION  OF  THE  LEHIGH, 

ON  ESSBITABiS  TEBIttS. 


HELD  AT 

CONYNGHAM  TOWN,  LUZERNE  COUNTY, 

On  the  20th  and  21st  days  of  December,  1832. 


^  %  b 


4 

PROCEEDINGS,  &c. 


At  a  Convention  of  Delegates,  elected  by  the  Citizens  of  the 
different  Districts  interested  in  the  connexion  of  the  Sus¬ 
quehanna  and  Lehigh  Rivers,  by  a  Canal  through  the 
Valley  of  the  Nescopeck,  and  in  the  navigation  of  the 
Lehigh  upon  equitable  terms,  held  at  Conyngham  Town, 
Luzerne  County,  on  the  £Oth  day  of  December,  1832,— 

Nathan  Beach,  Esq.  was  appointed  President ;  Jesse  Bow. 
man,  and  Samuel  Smith,  Esqs.  Vice  Presidents  ;  Jacob 
Drumheller,  and  Ziba  Bennet,  Secretaries. 

The  object  of  the  Convention  having  been  stated,  on 
motion, 

j Resolved,  That  the  subject  of  the  monopoly  claimed  and 
exercised  by  the  Lehigh  Coal  and  Navigation  Company,  and 
of  the  oppressive  conduct  of  said  Company  towards  their 
fellow-citizens,  be  referred  to  a  Committee,  with  directions 
to  suggest  the  best  means  of  obtaining  relief. 

The  following  gentlemen  were  appointed: — Jacob  Drum¬ 
heller,  Jedediah  Irish,  Moses  S.  Brundage,  Henry  Colt, 
and  Andrew  Hunlock. 

On  motion  of  James  A.  Gordon,  it  was 
Resolved ,  That  a  Committee  be  appointed  to  consider  the 
subject  of  the  proposed  connexion  of  the  Susquehanna  and 
Lehigh  Rivers,  by  a  Canal  through  the  Nescopeck  Valley. 

Jesse  Bowman,  Ziba  Bennet,  Nathan  Beach,  Palmer 
Steel,  and  James  A.  Gordon,  were  appointed  on  that  Com 
mittee. 

On  motion ,  The  Convention  adjourned  to  meet  again  at 
nine  o’clock  to-morrow  morning. 


0* 

i 


' 


4 


DECEMBER  31. 

The  Convention  met  pursuant  to  adjournment. 

The  Committees  appointed  yesterday,  made  the  following 
Reports,  which  were  unanimously  adopted  : _ 

The  committee  to  whom  was  referred  the  subjects  of  the  monopoly 
claimed  and  exercised  by  the  Lehigh  Coal  and  Navigation  Com- 
pamj,  and  of  the  oppressive  conduct  of  said  company  towards  their 
fellow  citizens,  and  of  the  means  of  remedying  the  same, 

report, 

That  when  the  individuals  who  originated  the  Lehigh  Coal  and 
Navigation^  company,  or  as  they  have  entitled  themselves,  the 
Pioneers  ot  that  company,  first  presented  themselves  in  the  region 
of  the  Lehigh,  they  came  as  petitioners  to  the  citizens  of  that  region 
soliciting  their  assistance  in  obtaining  the  Legislative  enactments 
which  have  given  a  legal  existance  to  that  company.  Those 
citizens  were  assured  that  these  improvements  in  the  navigation  of 
the  Lehigh,  were  designed  to  enable  them  to  transport  their  pro¬ 
duce  more  readily  to  market  than  by  the  natural  channel  of  the  river 
and  to  develope  the  latent  resources  of  the  country  for  the  com- 
mon  advantage  of  all. 

If  these  individuals  had  any  design  or  purpose,  such  as  that  now 
avowed  by  the  company,  of  making  their  canal  subsidiary  to  their 
trade,  and  to  sacrifice  every  other  interest  to  that  object,  they  care¬ 
fully  concealed  it,  and  obtained  an  unjustifiable  advantage  over  those 
who  forwarded  their  enterprize. 

By  a  reference  to  those  acts  of  Assembly  which  have  vested  this 
company  with  their  privileges,  it  will  be  seen  that  the  Legislature 
entertained  no  other  views  of  the  nature  of  these  grants,  than  tho«e 
which  the  citizens  of  the  Lehigh  had,  as  above  stated,  derived  from 
the  representations  of  the  pioneers  of  that  company  ;  the  preamble 
to  the  act  of  incorporation  distinctly  evinces  that  its  purpose  is  a 
public,  and  not  an  individual  benefit.  And  the  various  provisions 
ot  the  act,  allow  them  an  extraordinary  latitude  in  the  time 
and  manner  of  constructing  the  canal,  and  give  them  the  im- 
mense  water-power  of  the  river,  besides  a  power  to  charge  toll 
carefully  limited  to  what  was  supposed,  in  the  then  imperfect  state 
ot  information,  would  be  a  reasonable  compensation  for  their 
expenditures.  These  donations  were  not  made  without  the  hope 
of  some  equivalent ;  and  what  was  that  equivalent  but  the  benefits 
which  the  public  was  expected  to  derive  from  their  improvements? 

I  he  checks  and  obligations  that  were  imposed  upon  them,  were 
such  as  were  imposed  upon  other  canal  companies  of  that  time 
and  were  evidently  intended  to  secure  to  the  public  an  improved 
navigation  from  the  mouth  to  the  Great  Falls  of  the  Lehigh,  and 
to  insure  to  every  citizen  the  right  to  use  it,  upon  the  payment  of 
reasonable  toll.  There  is  not  a  single  clause  in  their  charter  to 
countenance  the  idea  that  the  right  to  improve  the  river  was  given 
for  the  sole,  or  even  primary  purpose  of  facilitating  their  mining 


h 


operations.  Had  such  been  the  object  of  the  grant,  their  charter 
would  never  have  stipulated  that  the  company  should  extend  their 
artificial  navigation  beyond  their  coal  mines,  nor  have  contained  as 
it  does,  restrictions  and  directions,  obviously  intended  to  assert  the 
rights  of  the  citizens  at  large. 

Notwithstanding  the  professions  of  the  pioneers  of  that  company, 
and  notwithstanding  the  obvious  purposes  of  their  charter,  the  toll 
laid  by  this  company  upon  coal,  has  for  some  years  past,  (as  can 
be  judicially  proven,)  not  only  been  practically  a  prohibition,  but 
confessedly  laid  with  that  very  intent.  If  this  be  not  an  abuse  of 
their  charter,  then  we  have  been  grossly  mistaken  in  stating  that  their 
charter  was  bestowed  upon  them  for  the  public  benefit :  and  then  we 
should  enquire  for  what  national  benefaction  have  they  merited,  that 
the  property  of  one  of  the  great  water  courses  of  our  State  should 
be  divested  from  the  people  and  made  private  property  in  perpetuity. 
The  State  confides  the  power  to  lay  tolls  to  this  company,  as  they 
do  to  every  other  canal  or  turnpike  company,  as  a  means  of  de¬ 
riving  an  interest  or  annual  return  for  their  expenditures,  and  any 
other  use  of  this  power  is  a  mere  perversion  of  it.  A  pecuniary 
limit  of  the  rate  of  tolls,  beyond  which  the  company  should  not 
pass,  was  fixed  ;  behind  which  they  entrench  themselves,  and  scoff 
at  the  complaints  of  the  aggrieved  citizens.  If  the  fixing  a  pecu¬ 
niary  maximum  be  regarded  as  a  justification  of  all  manner  of  op¬ 
pression  within  its  limits,  then  there  can  be  no  greater  act  of  mad¬ 
ness  than  to  fix  such  a  limitation  ;  for  a  thousand  vicisitudes,  poli¬ 
tical,  commercial,  or  financial,  may  render  it  inadequate  to  the 
protection  of  the  rights  of  the  citizen. 

But  we  deny  that  such  is  the  true  character  of  this  clause  of  re¬ 
striction.  It  is  intended  to  assist  in  restraining  the  extravagancies 
of  power;  but  it  is  not  intended  to  supersede  another  restriction 
derived  from  the  first  principles  of  justice  and  policy,  viz:  that  the 
right  of  the  citizens  of  this  Commonwealth  to  use  its  great  water 
courses  is,  as  it  has  been  declared  by  her  Legislature ,  indefeasible ; 
and  that  the  grantees  are  mere  stewards  of  them  for  the  use  of  the 
public,  and  that  any  prohibitory  policy  is  a  breach  of  the  trust 
reposed  in  them . 

There  are  many  other  exhibitions  of  this  monopolizing  spirit  in 
the  conduct  of  this  company;  instead  of  encouraging  immigration 
into  the  region,  they  have  excluded  it  with  the  most  jealous  cau¬ 
tion  ;  until  recently,  they  have  not  permitted  a  single  resident  at 
Mauch  Chunk  (the  present  head  of  the  navigation)  unless  by  per¬ 
mission  of  the  company;  nor  a  trade  or  calling  to  be  exercised 
without  a  special  license.  They  have  extended  their  canal  to  their 
own  property,  and  no  farther;  and  thus,  owning  the  Landings,  they 
have  in  a  great  measure  prevented  all  others  from  participating  in 
the  benefits  of  the  canal. 

Their  town  of  Mauch  Chunk  and  the  adjoining  country,  presents 
the  singular  spectacle  in  the  midst  of  republican  Pennsylvania,  of  a 
dominion  unknown  to  the  laws:  for  by  these  acts  of  exclusion,  they 
have  seized  on  the  principal  trade  of  this  region,  and  the  mass  of 
the  population  has  become  either  directly  or  indirectly  dependent 
on  them,  and  must  submit  to  great  pecuniary  sacrifices,  or  lend 
assistance  to  the  perpetuity  of  their  present  power,  and  the  ad¬ 
vancement  of  their  plans  of  prospective  aggrandizement. 


6 


When  we  contemplate  these  things,  and  also  perceive  the  im¬ 
mense  influence  the  managers  of  that  company  now  possess,  de¬ 
rived  from  the  investment  of  near  three  millions  of  dollars  in  stock 
and  loan — from  the  large  amount  ofmoney  expended  in  their  coal 
business — from  the  great  number  of  men  under  their  control— and 
from  the  immense  patronage  incident  to  the  office  of  canal  com¬ 
missioner,  held  by  one  of  their  number;  and  reflect,  that  if  their 
present  policy  is  sustained,  the  increasing  demand  for  coal  will 
enable  them  in  a  few  years  to  disburse  several  millions  of  dollars 
annually,  and  to  keep  in  their  employment  many  thousands  of  men, 
is  there  not  reason  to  be  jealous  of  the  advancing  power  of  this 
mammoth  institution,  and  are  we  not  justified  in  feeling  some  pre¬ 
monitory  dread  that  this  system  will  be  fastened  upon  us  forever, 
unless  it  be  now  checked  in  its  germ.  The  destruction  of  this 
monopoly  would  not  only  open  the  vast  resources  of  the  coal  re¬ 
gion  of  the  Lehigh,  but  extend  a  powerful  beneficial  influence 
to  a  large  surrounding  agricultural  district,  by  offering  a  cash 
market  for  their  produce  in  the  dense  population  that  would  be 
there  concentrated  by  the  untrammelled  exercise  of  enterprize  and 
industry.  On  the  Schuylkill  large  and  thriving  towns  have  sprung 
up  as  if  by  magic;  while  this  region,  on  which  nature  has  lavished 
her  mineral  bounties  with  such  profusion,  and  bestowed  an  inex¬ 
haustible  river  to  convey  them  to  market,  is  yet  slumbering  beneath 
the  shades  of  the  primeval  forest.  But  the  wide  detriment  of  this 
monopoly  is  not  confined  to  any  particular  section  of  country; 
every  consumer  of  coal,  both  within  and  without  the  State,  and  all 
those  who  are  or  wish  to  be  engaged  in  the  coal  business,  espe¬ 
cially  the  citizens  of  Philadelphia,  both  as  consumers  and  traders 
in  coal,  must  sooner  or  later  feel  the  injury.  The  Schuylkill,  the 
Lackawaxen  and  the  Lehigh,  are  the  three  great  sources  from 
which  anthracite  coal  is  procured  for  the  use  of  the  sea-board. 
Two  of  these  are  in  the  hands  of  Companies,  possessing  this  power 
of  monopoly,  who  can,  by  a  combination,  control  the  trade,  and 
regulate  the  supply  and  price.  Are  these  visionary  causes  of  ap¬ 
prehension?  Are  they  not  rather  fears  which  may  fall  on  the  wise 
and  prudent  ? 

The  largest  income  of  the  English  Canals  is  derived  from  the 
transportation  of  coal,  and  so  it  must  be  with  the  Pennsylvania 
Canals.  Hundreds  of  thousands  of  tons  will  in  time  be  transported 
to  market  from  this  region,  along  the  Delaware  Division  of  the 
State  Canal,  if  the  trade  be  relieved  from  the  influence  of  this 
withering  monopoly,  and  restored  to  a  state  of  healthful  competi¬ 
tion. 

The  State  herself  is  therefore  a  sufferer  to  a  large  amount  from 
the  prohibitory  policy  of  the  Company,  for  every  ton  excluded  from 
the  Lehigh  is  necessarily  prevented  from  entering  the  Delaware  Divi¬ 
sion  of  the  State  Canal.  Such  are  the  injuries  which  this  company 
have  inflicted  upon  various  classes  of  the  citizens  of  this  com¬ 
monwealth,  as  well  as  upon  the  State;  and  the  inquiry  which 
naturally  arises  is,  are  these  evils  remediless?  Fortunately  they  are 
not;  for  the  Legislature,  like  careful  guardians  of  the  people’s  rights, 
have,  in  the  twentieth  section  of  the  act  of  1818,  in  which  act  this 
company  originated,  reserved  a  power  in  the  following  words.  “  If 
they  shall  at  any  time  hereafter  misuse  or  abuse  any  of  the  privileges 


7 


granted  by  this  act,  then,  or  in  either  of  these  cases  the  legislature 
may  resume  all  and  singular  the  rights,  liberties,  and  privilges  here¬ 
by  granted.” 

If  therefore  we  have  succeeded  in  demonstrating  misuse  or  abuse 
of  the  Charter,  the  requisite  powers  are  not  wanting  to  rectify  it. 
Your  committee  would  therefore  recommend  that  the  Legislature  be 
memorialized  and  the  abuse  that  this  company  has  assessed  tolls  for 
the  avowed  purpose  of  prohibition  be  distinctly  laid  before  them,  and 
their  interference  under  this  section  of  the  act  be  respectfully  prayed. 

Besides  this  power  the  State  has  other  means  of  redress  within 
her  reach  not  less  efficient,  and  which  she  may  apply,  even  without 
the  existence  of  an  abuse  pn  the  part  of  the  company,  from  a  sense 
of  policy,  or  for  the  promotion  of  her  own  interest.  She  is  the 
owner  of  the  Delaware  Division  of  the  State  Canal.  The  Lehigh 
Company  cannot  advantageously  pursue  their  coal  trade  without 
using  this  canal,  and  the  state  may  prescribe  the  terms  upon  which 
it  may  be  used.  She  is  peremptorily  required  by  a  sense  of  her 
own  interest,  to  modify  the  present  terms  upon  which  it  is  used,  and 
this  modification,  as  will  appear  by  the  following  statement,  will 
result  in  effects  which  will  compel  this  company  to  listen  to  reason. 

The  Delaware  Division  of  the  State  Canal  is  sixty  miles  in  length; 
its  lockage  is  one  hundred  and  sixty  feet;  and  twenty  feet  of  lockage, 
is,  according  to  the  estimation  of  scientific  and  practical  men  equal  to 
a  mile  of  canal,  both  as  to  cost  of  construction  and  the  expense  and 
time  of  transportation.  According  to  this  principle  of  computation, 
the  lockage  of  the  Delaware  Canal  is  equal  to  eight  miles,  which 
being  added  to  the  length,  makes  that  canal  equivalent  to  sixty-eight 
miles.  The  Lehigh  Canal  is  forty-six  and  a  half  miles  in  length, 
and  its  lockage  three  hundred  and  sixty-four  feet,  which  being  re¬ 
duced  according  to  the  foregoing  ratio,  is  equal  to  eighteen  and  a 
half  miles,  which  added  to  the  forty-six  and  a  half  miles,  makes  that 
canal  equivalent  to  sixty-five  miles.  The  whole  toll  imposed  on  a 
ton  of  coal  for  its  transit  from  Mauch  Chunk  to  the  head  of  sloop 
navigation  is  one  dollar  and  thirty-four  cents;  of  this  the  State’s 
proportion  should  be  sixty-eight  and  a  half  cents,  and  that  of 
the  company  sixty-five  aud  a  half  cents,  whereas,  in  fact,  the 
State  receives  but  thirty  cents,  and  the  company  one  dollar  and 
four  cents.  Now,  this  disproportion  is  caused  by  an  error  some¬ 
where,  and  that  error  must  be  one  of  three  alternatives,  either  that 
the  coal  does  not  pay  sufficient  toll,  and  a  sum  must  be  added  to  the 
toll  of  the  state  to  increase  it  to  the  relative  proportion  it  should  bear 
to  that  of  the  Lehigh — or  it  pays  too  much  and  the  tolls  of  the  Le¬ 
high  should  be  reduced  until  they  bear  their  due  proportion  to  those 
of  the  state  canal — or  it  pays  the  proper  sum  and  the  error  is  in  the 
division  or  distribution  of  the  toll  between  the  state  and  the  com¬ 
pany — whichever  of  these  alternatives  includes  the  error,  there  is 
but  one  remedy,  and  that  is  that  the  state  should  increase  her  tolls. 
If  the  error  be  in  the  first  alternative,  then  the  increase  of  tolls  re¬ 
moves  it  directly.  If  in  either  of  the  others,  it  is  only  by  imposing  ad- 
tional  tolls  that  the  state  can  compel  the  company  to  rectify  the  error. 

Should  it  be  enquired  how  the  grievances  of  the  citizens  would 
be  remedied  if  the  State  should  adopt  these  suggestions,  it  may  be 
answered  that  we  state  the  case  in  such  manner  as  to  demon- 


8 


strate  the  policy  of  the  State  independently  of  the  question  of  our 
grievances.  And  as  regards  the  citizens  who  propose  to  engage 
m  the  coal  trade,  whether  the  tolls  of  the  whole  line  be  increased 
decreased  or  remain  stationary,  it  is  their  interest  that  the  State 
should  obtain  her  due  proportion  of  them:  for  any  advantage  which 
Uie  Company  may  gain  in  the  division,  operates  as  a  bounty  on  the 
Company’s  coal,  and  would  enable  them  to  undersell  their  compe¬ 
titors  in  the  market,  even  were  such  competitors  under  no  other 
disadvantages.  But  although  we  have  endeavoured  to  demonstrate, 
that  the  State  should  adopt  this  measure  without  inquiring  in  which 
of  the  three  alternatives  the  error  lies;  yet,  we  are  conscious,  that 
when  the  Company  are  reduced  by  these  adversary  proceedings  to 
do  justice,  it  will  be  seen  that  that  justice  will  consist  in  the  reduc¬ 
tion  of  the  tolls  which  are  now  prohibitory,  and  in  a  more  equitable 
division  of  them  when  so  reduced.  A  low  toll  has  been  laid  by 
the  State  on  all  coal  passing  through  her  canals,  for  the  purpose  of 

encouraging  the  trade  and  consumption  of  coal;  and  no  doubt  it 
will  have  that  effect  generally;  but  on  the  Delaware,  it  has  pro- 
duced  a  result  directly  contrary,  as  it  enables  the  Company  more 
effectually  to  sustain  their  monopoly  and  prevent  a  full  flow  of  coal 
into  the  Delaware  division  of  the  State  canal.  It  is  therefore  mani¬ 
fest,  that  the  State,  in  justice  to  herself  as  well  as  to  those  of  her 
citizens  who  depend  upon  the  Lehigh  as  their  only  outlet  to  mar¬ 
ket,  (and  who,  whilst  they  are  deprived  of  the  natural  channel  of 
that  river,  and  thereby  excluded  from  a  participation  inthe  use  of 
the  State  canal,  are  at  the  same  time  taxed  to  supply  the  deficiency  of 
tolls,  caused  in  part  by  their  very  exclusion )  ought  to  levy  such  tolls 
upon  all  coal  passing  thro’  the  Delaware  division  of  the  State  Canal, 
as  would  make  it  the  interest  of  the  Lehigh  Coal  and  Navigation 
Company  to  abandon  their  prohibitory  policy,  and  secure *to  the 
State  a  just  and  fair  proportion  of  tolls.  No  legal  or  moral  objec¬ 
tion  can  be  made  to  this  course  on  the  part  of  the  State;  as  the 
Company  commenced  their  improvements  with  a  view  to  the 
natural  channel  of  the  river  Delaware,  the  use  of  which  they  still 
hold  unimpaired,  (a  favour  they  have  not  shown  to  those  resident 
on  the  Lehigh,)  and  without  any  pledge  on  the  part  of  the  State  to 
construct  the  Delaware  Canal  for  their  benefit,  much  less  for  their 
almost  exclusive  use. 

By  the  following  statement  it  will  be  perceived  that  the  company 
would  be  benefitted  by  the  use  of  the  Delaware  canal,  at  more  than 
three  times  the  present  rate  of  toll. 

Statement  of  the  actual  cost  of  transporting  coal  in  arks  by  the 
natural  bed  oi  the  Delaware,  given  by  the  late  acting  manager. 

Freight  from  Mauch  Chunk  to  Easton,  -  -  .  35  pr  ton 

44  Easton  to  Coal  Haven,  -  -  _  .  37^ 

44  Coal  Haven  to  Philadelphia,  -  -  15 

Loss  on  lumber,  and  returning  iron,  -  -  -  .  l  50 

. _ (#2  37^. 

Cost  by  the  Delaware  Canal. 

Freight  from  Mauch  Chunk  to  Bristol,  -  -  -  1  12| 

44  Bristol  to  Philadelphia,  -  -  . 

~ —  1  25 


Difference, 


p 


A  reference  to  the  report  of  the  company  in  1832  will  show  that 
when  coal  is  transported  in  arks,  one  thousand  tons  of  coal 
requires  more  than  130,000  feet  of  lumber.  It  is  known  that  a 
supply  of  this  article  sufficiently  large  to  send  down  any  considera¬ 
ble  quantity  of  coal  in  each  year,  cannot,  therefore,  be  obtained. 
Without  the  use  of  the  Delaware  Canal,  the  amount  of  their  ship¬ 
ments  must  have  continued  very  limited,  and  the  expense  of  trans¬ 
portation  so  heavy  as  to  have  kept  their  income  below  the  amount 
required  to  pay  the  interest  on  their  loans. 

The  State,  by  constructing  the  Delaware  Canal,  has  removed 
their  embarrassments  and  raised  them  to  a  state  of  opulence,  as  is 
indicated  by  the  rise  of  their  Stock  since  the  completion  of  the 
Delaware  division  of  the  State  canal. 

We  would  therefore  ask  if  a  sense  of  justice  should  not  induce 
the  State  to  levy  such  tolls  on  the  Delaware  canal  as  would  relieve 
the  present  burden  of  taxes  upon  the  public,  and  compel  this  Com¬ 
pany  to  do  justice  to  those  citizens  who  are  suffering  under  the 
oppression  of  this  monopoly,  and  are  at  the  same  time  arr*  gantly 
told  by  the  Company,  44  We  have  the  power  and  we  will  forever  ex¬ 
clude  you  from  market .” 

It  will  not  a  little  strengthen  our  positions  to  expose  the  feeble 
arguments  with  which  they  have  been  assailed;  for  the  policy  of  this 
Company,  like  every  other  species  of  injustice,  is  only  the  more 
betrayed  by  any  attempt  to  defend  it. 

They  confess  that  they  intend  to  keep  the  coal  trade  to  them¬ 
selves,  and  to  prevent  the  second  coal  field  from  44  being  opened 
to  a  market;”  (we  quote  the  language  used  on  various  occasions 
by  their  managers,)  and  yet  they  declare  that  they  are  justified  in 
laying  their  present  tolls  upon  coal,  on  account  of  the  large  dimen¬ 
sions  of  their  canal,  forgetting  that  when  tolls  are  raised  to  a  point 
of  prohibition,  it  is  mere  mockery  to  point  out  the  advantages  of 
their  canal  to  those  whom  they  will  not  permit  to  use  it,  and  yet 
there  is  no  argument  on  which  they  have  dwelt  with  more  appar¬ 
ent  complacency.  The  whole  matter,  when  rightly  understood, 
amounts  to  this:  they  constructed  their  canal  as  a  continuation  of 
the  navigation  of  the  Delaware,  and  it  will  pass  arks  and  rafts  of 
the  largest  size,  which  after  leaving  the  Lehigh  may  be  floated 
down  the  natural  channel  of  the  Delaware.  A  steam  navigation 
was  also  contemplated,  and  the  size  of  the  canal  was  accommo¬ 
dated  to  steamboats,  which  it  was  supposed  might  force  their  way 
up  the  stream  from  Philadelphia;  but  a  material  alteration  has  been 
made  in  the  condition  of  things  by  the  construction  of  the  Dela¬ 
ware  division  of  the  State  canal;  a  boat  navigation  has  by  this 
means  been  continued  to  Bristol  ;  as,  however,  the  State  canal  is 
of  ordinary  dimensions,  the  great  width  and  depth  of  the  Lehigh 
canal  is  useless  to  those  who  adapt  their  boats  to  the  size  of  the 
State  canal.  Experience  has  shown  that  coal  cannot  be  profitably 
transported  by  the  channel  of  the  Delaware,  and  thus  those  who 
deal  in  that  article  will  have  no  benefit  from  these  circumstances 
which  the  Company  say  should  enhance  their  tolls. 

The  advocates  of  the  Company  also  insist  upon  the  cost  of  their 
canal,  as  affording  a  justification  of  their  rates  of  toll;  there  were 
no  natural  impediments  which  enhanced  the  cost  of  this  canal 
beyond  that  of  other  canals  of  the  same  length  and  lockage,  nor 


10 


was  the  actual  cost  more;  but  they  involve  in  the  estimation  of  the 
cost  many  thousands  of  dollars  wasted  in  creating  a  descending 
navigation,  which  was  afterwards  abandoned,  and  other  extrava¬ 
gant  projects.  It  is  idle  to  attempt  to  charge  the  citizens  with 
the  cost  of  these  futile  schemes. 

They  also  attempt  to  justify  their  tolls  by  the  allegation,  that 
they  have  as  yet  received  no  returns  for  their  investment.  To  this 
we  reply,  that  it  is  true  they  have  received  no  returns,  and  proba¬ 
bly  never  will  while  they  prevent  the  public  from  using  the  canal. 
Let  them  but  open  the  sluices  of  trade,  and  we  will  warrant  the 
filling  of  their  coffers. 

JACOB  DRUMHELLER, 
JEDED1AH  IRISH, 

MOSES  S.  BRUNDAGE, 
HENRY  COLT, 

ANDREW  HUNLOCK. 


Report  of  the  Committee  to  whom  was  referred  the  subject  of  the 
connexion  of  the  Susquehanna  and  Lehigh ,  by  a  Canal  through 
the  Valley  of  the  Nescopeck. 

Your  committee  deem  it  needless  to  enlarge  upon  the  practicabil¬ 
ity  of  this  route,  for  that  has  been  settled  affirmatively  by  scientific 
surveys,  under  the  direction  of  the  State.  Neither  need  we  depict 
the  manifold  advantages  of  this  communication,  a  communication 
by  which  it  is  proposed  virtually  to  bring  the  Valley  of  the  North 
Branch  fifty  miles  nearer  Philadelphia. 

It  being  then  established  beyond  controversy,  that  the  object  is 
highly  desirable  and  the  difficulties  of  nature  easily  overcome,  let 
us  enquire  what  obstacles  have  prevented  its  construction.  Your 
committee  do  not  hesitate  to  declare  that  they  solemnly  believe 
that  these  obstacles  are  to  be  found  in  the  policy  of  the  Lehigh 
Coal  and  Navigation  Company,  a  policy  pursued  by  that  company 
against  all  the  convictions  of  reason,  and  which  can  only  be 
reduced  within  the  bounds  of  justice,  by  the  interference  of  the 
Legislature. 

In  addition  to  the  usual  powers  and  privileges  granted  to  Navi¬ 
gation  companies,  this  company  have  unfortunately  been  invested 
with  the  power  to  transact  any  and  all  kinds  of  business,  except 
banking,  and  in  this  consists  the  origin  of  many  evils.  In  granting 
the  great  water-courses  of  the  State,  to  companies  for  canalling 
purposes,  the  interest  of  the  citizens  is  in  most  instances  secured 
by  the  obvious  and  necessary  policy  of  the  grantees,  which  is  to 
foster  their  only  source  of  revenue  by  inviting  and  encouraging  the 
use  of  their  canal.  But  when  other  resources  are  placed  within 
their  reach,  this  security  is  lost,  and  no  Legislative  limitation  of  the 
power  to  impose  tolls,  can  supply  its  place  ;  for  a  maximum  of 
tolls  cannot  be  so  adjusted  by  the  most  enlightened  foresight,  as 
not  to  become  either  too  liberal  or  too  restricted  in  some  of  the 
mutations  of  human  events.  The  history  of  this  very  company  is 


an  apt  illustration  of  our  doctrine.  The  caution  of  the  Legislature, 
established  the  maximum  of  tolls  on  coal,  at  two  and  two  thirds  of 
a  cent  for  every  six  feet  of  lockage;  the  company  have  effectually  pro¬ 
hibited  that  article,  by  placing  their  tolls  at  one  and  three  quarter 
cents,  and  the  only  use  of  a  provision  introduced  by  the  Legislature 
for  the  protection  of  the  citizen,  is  to  enable  the  company  to  injure 
him  under  the  forms  of  right,  and  to  add  insult  to  injury,  by  boasting 
of  their  moderation. 

Let  us  proceed  to  point  out  the  various  exhibitions  of  the  mo¬ 
nopolizing  spirit  of  this  company,  produced  by  this  unhappy  feature 
of  their  charter;  and  then  we  will  designate  their  retarding  effects 
upon  the  enterprize  in  question.  The  company  have  first  laid 
tolls  upon  the  article  of  anthracite  coal,  which  effectually  close 
every  mine  in  the  region  but  their  own.  They  have  laid  these 
tolls  wittingly,  with  that  very  intention,  as  they  have  repeatedly  de¬ 
clared,  and  openly  professed. 

Secondly ,  They  have  used  various  other  means  to  confine  the 
benefit  cf  the  canal  to  themselves,  and  to  defeat  the  main  purpose 
of  their  charter.  It  would  exceed  our  limits,  to  embody  in  lan¬ 
guage,  all  the  complaints  on  this  subject  which  are  in  the  mouth  of 
every  individual  on  the  whole  line  of  the  canal,  from  Mauch  Chunk 
to  Philadelphia  : — -let  a  few  instances  suffice.  The  river  Lehigh  is, 
by  the  charter,  divided  into  grand  sections;  the  first  of  which 
extends  from  its  mouth  to  the  Nesquihoning  creek.  This  they 
have  completed,  except  a  mile  and  a  half;  by  which  distance  they 
have  stopped  short  of  the  Nesquihoning.  The  motives  for  their 
leaving  the  section  incomplete  are,  that  by  continuing  their  canal 
one  and  a  half  miles  further,  their  town  of  Mauch  Chunk  would 
cease  to  be  the  head  of  the  navigation,  and  the  old  Lehigh  landing, 
the  property  of  others,  would  then  occupy  and  possess  the  advan¬ 
tages  of  that  enviable  situation.  This  did  not  suit  the  views  of  the 
company.  It  however  so  happened,  that  it  was  necessary  for  them 
to  open  some  mines  in  the  valley  of  the  Nesquihoning  ;  and  it  then 
seemed  requisite  for  their  own  purposes,  to  extend  their  canal  to 
that  stream ;  and  the  expedient  to  which  they  resorted  to  avoid  this 
result,  affords  a  curious  comment  on  their  policy. 

If  they  extended  their  canal  the  inhabitants  of  the  places  imme¬ 
diately  above  Mauch  Chunk  would  be  enabled  to  use  it  at  some  rate 
of  toll ;  but  a  rail  road  along  side  of  the  river  on  lands  which  the 
company  owned  or  could  secure  by  purchase,  would  be  their  private 
property,  and  benefit  none  but  themselves,  and  this  they  have  actu¬ 
ally  effected  at  a  cost  of  perhaps  double  that  of  a  canal,  owing  to 
the  difficulties  of  the  ground  ;  and  although,  according  to  their 
own  published  statement,  the  cost  of  transporting  coal  on  their 
rail  road  is  seventimes  greater  than  on  their  canal. 

Recently  they  have  offered  town  lots  in  their  village  for  sale.  We 
say  recently,  for  till  of  late  none  were  allowed  to  settle  in  the  village 
or  carry  on  any  occupation  within  its  bounds  without  a  licence. 
The  physician,  the  tavernkeeper,  the  shoemaker,  were  all  licentiates 
of  the  company.  In  these  sales  they  carefully  avoid  parting  at  any 
price  with  the  landings  or  accesses  to  the  canal — thus  retaining  the 
power  of  preventing  the  landing  of  any  article  of  which  they  wish 
to  enjoy  the  monopoly. 


Thirdly ,  They  have  been  for  years  engaged,  and  have  resorted 
to  every  species  of  device,  to  avoid  extending  their  work  to  the 
upper  sections  of  the  river.  When  the  canal  was  finished  to  Mauch 
Chunk  their  own  purposes  were  effected;  the  extension  beyond  was 
for  the  benefit  of  the  public  and  to  be  avoided.  Fifteen  miles  of 
descending  navigation  of  the  second  grand  section  were  to  have 
been  completed  in  the  year  1832;  but  we  have  to  deplore  that  the 
Legislature  of  1830  remitted  this  obligation  or  rather  threw  it  back 
on  the  next  instalment  of  duty  which  will  fall  due  in  1838,  by  which 
time  they  must  have  completed  a  descending  navigation  from  Stod- 
dartsville.  This  advantage  was  gained  by  our  remissness.  Had 
the  motives  for  refusing  this  indulgence  been  properly  represented 
to  the  Legislature  they  would  have  proved  irresistible.  Let  us  not 
again  be  subject  to  this  reproach.  The  year  1838  is  fast  approach¬ 
ing  and  their  efforts  to  escape  this  obligation  are  untiring.  Our 
vigilance  being  aroused  they  despair  of  effecting  any  thing  by  sur¬ 
prize;  but  have  changed  their  mode  of  operations  and  hope  to  lure 
us  by  deceptive  and  artful  promises  and  engagements. 

The  first  exhibition  of  this  design  was  at  the  Convention  of  Tow- 
anda,  and  in  the  bill  brought  before  the  Legislature  at  the  ensuing 
session,  entitled  a  supplement  to  an  Act  relating  to  the  Susquehanna 
and  Lehigh  canal.  The  spirit  of  the  whole  manoeuvre  consisted  in 
deferring  the  execution  of  any  works  on  the  upper  Lehigh,  until  the 
completion  of  the  communication  with  the  Susquehanna.  They 
probably  reasoned  thus  Our  obligation  to  extend  the  naviga¬ 
tion  of  the  Lehigh  is  certain  : — the  completion  of  the  communica¬ 
tion  with  the  Susquehanna  depends  upon  the  subscription  of  stock. 
This  is  contingent ;  tiie  work  is  of  great  magnitude  and  may  fail,  or 
be  long  deferred,  and  we  can  throw  obstacles  in  the  way — we, 
therefore,  exchange  by  this  management  a  certain  for  a  contingent 
evil.”  But  not  content  with  this  advantage,  they  tacked  to  the 
same  bill  a  sly  clause  which  deprives  the  state  of  the  privilege  of 
purchasing  their  canal,  a  right  reserved  under  certain  restrictions 
and  after  a  lapse  of  36  years  by  their  charter.  We  cannot  refrain 
here  from  remarking  that  at  the  very  moment  when  they  were  thus 
sedulously  endeavouring  to  repeal  this  privilege  of  the  State,  they7 
had  a  bill  before  the  Legislature  containing  a  delusive  offer  to  sell 
their  canal  to  the  State.  The  equivalents  which  they  affected  to 
grant  for  these  exemptions  were, 

First ,  The  use  of  the  waters  of  the  Lehigh.  As  regards  this, 
according  to  the  report  of  the  engineer  who  surveyed  the  route,  the 
water  is  not  wanted;  but  an  abundant  supply  could  be  obtained  for 
the  projected  canal  from  ether  sources— if  wanted,  it  could  be  taken 
constitutionally  without  the  consent  of  the  company.  The  property 
of  individuals  may  be  so  taken,  and  there  is  no  constitutional  prin¬ 
ciple  that  exempts  the  property  of  corporations  when  needed  for 
public  purposes. 

Secondly ,  They  offered  to  make  an  ascending  navigation  as  high 
as  Wright’s  creek  (but  nart  of  the  distance  from  which  they  are  now 
bound  to  make  a  descending  navigation,)  instead  of  a  mere  descend¬ 
ing  navigation,  which  is  the  present  form  of  their  obligation.  As 
regards  this  promise,  it  is  substantially  a  gain  to  them.  We  have 
never  feared  that  they  would  make  a  mere  descending  navigation — 


13 


"their  experience  on  the  lower  section  has  taught  them  its  impolicy. 

If  obliged  to  do  any  thing  on  the  upper  Lehigh,  they  will  from 
preference  make  a  slack  water  navigation.  The  whole  amount, 
therefore,  of  this  specious  engagement  is  to  release  them  from  half 
their  obligation,  and  to  give  them  the  credit  of  a  benefaction  for 
doing  that  half  the  distance,  which  otherwise  they  would  be  bound 
to  do  the  whole. 

From  these  and  from  many  other  facts  too  numerous  or  too  mi¬ 
nute  to  be  stated  within  our  limits,  but  forming  in  the  mass  a  body 
of  irresistible  evidence,  we  have  been  led  to  the  conclusion  that 
this  Company  has  concentred  all  its  hopes  and  all  its  energies  upon 
the  coal  trade,  and  with  a  singleness  of  purpose  that  makes  them 
deaf  to  all  the  appeals  of  justice  and  reason.  And  now  we  will 
redeem  our  pledge  to  show  that  this  is  the  real  obstacle  to  the 
completion  of  our  cherished  project  of  a  water  communication  by 
the  valley  of  the  Nescopeck.  j 

Let  us,  to  make  this  apparent,  imagine  the  Company  divested 
of  their  trading  privileges,  and  converted  into  a  mere  Navigation 
Company.  What  would  be  the  result?  All  their  resources  and 
energies  would  be  directed  to  increase  the  transportation  on  their 
canal,  and  to  make,  by  every  practicable  mode  of  extension,  as 
large  a  region  of  country  as  possible,  tributary  to  the  trade  of  their 
caAal;  nor  can  it  be  believed  for  a  moment,  that  they  would  permit 
the  rich  valley  of  the  North  Branch  to  send  its  thousands  of  tons 
by  any  other  channel  to  market.  What  would  have  been  their 
agency  at  this  end  of  the  canal  under  such  circumstances,  may  be 
conjectured  from  what  they  have  been  willing  to  effect  at  the  other, 
which  falls  within  the  line  of  their  present  policy  :  they  have  offered 
to  purchase  from  the  State,  the  Delaware  Division  of  the  Pennsyl¬ 
vania  Canal,  at  a  price  that  would  more  than  construct  the  Nesco¬ 
peck  Canal ;  and  not  content  with  the  extension  of  the  artificial 
navigation  to  Bristol,  are,  at  this  moment,  urging  the  scheme  of  its 
extension  to  Philadelphia.  We  have  a  right  to  expect  the  exer¬ 
cise  of  these  resources  in  our  favour: — for  the  State  has  paid  a 
heavy  bonus  to  them  in  the  grant  of  the  waters  of  this  noble  river. 
Besides,  the  property  in  our  rivers  may,  in  some  sense,  be  called 
the  fund  for  internal  improvement:  not  only  for  the  improvement 
of  their  own  beds,  but  of  the  whole  line  of  communication  to  which 
they  belong;  and  thus  the  grant  of  the  waters  of  the  Lehigh  should 
have  ensured  a  complete  communication  to  the  Susquehanna — not 
perhaps  by  direct  obligation,  but  as  a  natural  incident  to  the  grant, 
had  it  been  made  with  common  precaution. 

But  again;  the  same  policy  which  would  induce  them  to  extend 
the  ramifications  of  their  canal,  would  induce  them  to  encourage 
the  settlement  of  its  tributary  region,  and  to  reduce  their  tolls  on 
every  article  of  the  produce  of  that  region,  so  as  to  enable  it  to 
compete  successfully  with  all  rivals  in  the  market.  All  the  mineral 
resources  of  the  region  would,  under  their  encouragement,  have 
been  developed,  and  enterprize  in  all  its  forms  would  have  popu¬ 
lated  and  enriched  the  banks  of  the  Lehigh.  We  have  only  to 
point  to  the  Schuylkill  to  make  our  imaginings  palpable  to  the 
senses.  Thus,  ere  this,  a  market  would  have  been  established  one 
hundred  miles  nearer  the  North  Branch  than  Philadelphia,  which 


14 


• 

would  have  consumed  a  large  quantity  of  its  produce,  and  there 
would  have  been  created  a  wealthy  and  enterprizing  population, 
directly  interested  in  this  extension  of  the  navigation,  with  its  ad- 
vantages  under  their  very  observation,  and  mingling  its  interest 
with  that  of  their  daily  avocations.  Can  it  be  doubted,  if  Pottsville 
were  on  the  Lehigh,  that  this  canal  would  now  be  in  active  pro¬ 
gression,  when  we  see  the  gigantic  undertaking  of  the  Central 
Railway  in  a  state  of  energetic  construction?  Although  Pottsville 
has  subscribed  but  a  portion  of  the  stock  of  that  railway,  yet  she 
has  directed  attention  to  it,  and  by  her  influence  enlisted  the  capi¬ 
talists  of  other  places  in  the  undertaking.  Men  do  not  go  into  the 
wilderness  in  search  of  such  objects  of  investment — they  must  be 
brought  to  their  notice  by  the  vicinity  of  places  of  importance. 
But  again;  no  capitalist  would  embark  in  an  undertaking  depend¬ 
ent  on  the  caprices  of  this  monopolizing  Company.  What  assur¬ 
ance  would  they  have,  that  after  they  had  expended  their  money  in 
the  construction  of  this  canal,  that  the  Lehigh  would  be  thrown 
open  to  their  trade?  Besides  their  coal  privileges,  this  Company 
is  entitled  to  trade  in  every  other  description  of  business;  they  are 
already  extensive  storekeepers,  and  are  engaged  in  various  manu¬ 
factures.  Will  they  be  under  no  temptation  to  use  their  power  over 
the  canal,  to  give  themselves  a  monopoly  in  these  or  any  other  branch 
of  trade  they  may  choose  to  undertake.  Suppose,  being  possessed 
of  immense  water  power  and  several  town  plots,  they  should  think 
it  profitable  to  improve  them,  and  wish  to  purchase  the  wheat  and 
other  produce  of  the  Susquehanna  at  their  own  price,  would  they 
not  exercise  their  power  over  the  canal  to  effect  these  purposes? 
Has  there  been  any  restraining  virtue  evinced  in  their  past  trans¬ 
actions,  to  give  any  hope  or  promise  for  the  future?  We  are 
aware  that  at  the  Towanda  Convention  and  in  the  Bill  there  gene¬ 
rated  under  their  auspices,  they  offered  to  graduate  their  tolls  as  to 
all  articles  but  coal,  by  those  of  some  of  the  canals  who  do  not 
proceed  upon  the  monopolizing  principle;  but  he  has  but  little 
sagacity,  who  does  not  perceive  how  easily  these  restrictions  may 
be  evaded,  and  that  there  is  no  security  against  the  rapacity,  of  this 
Company,  but  in  making  it  their  interest  to  encourage  the  use  of 
their  canal. 

Having  thus  shown  the  policy  of  this  Company  to  be  the  cause 
of  the  failure  of  this  noble  project,  we  refer  it  to  the  wisdom  of  the 
Convention,  to  suggest  a  means  of  abating  that  policy.  When 
that  is  effected,  we  cannot  refrain  from  anticipating,  as  an  imme¬ 
diate  consequence,  the  commencement  and  completion  of  this  im¬ 
portant  communication,  and  to  represent  to  ourselves  the  produc¬ 
tions  of  our  agriculture  carried  by  a  cheap  conveyance  to  market, 
and  bringing  a  speedy  return  of  all  the  necessaries  and  comforts 
of  life. 


NATHAN  BEACH,  ^ 
JESSE  BOWMAN, 
ZIBA  BENNETT, 
PALMER  STEEL, 
JAMES  A.  GORDON,  J 

4 


o 

o 

B 

s 

HH 

H 

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« 


16 


On  motion  of  Henry  Colt,  Esq.  the  following  preamble  and  re¬ 
solutions  were  adopted 

Whereas ,  The  Lehigh  Coal  and  Navigation  Company  obtained 
their  charter  upon  the  condition,  (as  expressed  in  the  charter,)  that 
they  would  complete  a  part  of  the  second  grand  section  in  the  pre¬ 
sent  year;  and  whereas  they  have  succeeded  in  obtaining  the  repeal 
of  that  part  of  their  obligation  without  the  knowledge  of  those  for 
whose  protection  it  was  intended.  Therefore, 

Resolved ,  That  such  conduct  is  unjustifiable,  and  has  severely 
injured  the  owners  of  forests  of  valuable  timber  on  the  upper  part 
of  the  Lehigh,  which  is  dependent  upon  that  navigation  for  an  out¬ 
let  to  market. 

Resolved ,  That  we  deem  it  of  vital  importance  to  the  upper 
section  of  the  country  bordering  on  the  Lehigh,  that  the  Lehigh 
Coal  and  Navigation  Company  complete  their  improvements  to  the 
great  falls  at  Stoddartsville,  within  the  time  and  agreeably  to  the 
act  of  the  legislature  of  the  20th  March,  1818. 

Resolved ,  That  we  respectfully  remonstrate  against  any  act  of 
the  legislature  exonerating  the  Lehigh  Coal  and  Navigation  Com¬ 
pany  from  fulfilling  any  engagement  specified  in  the  acts  of  March 
20th,  1818,  and  February  13th,  1822. 

On  motion,  Resolved ,  That  the  following  Memorial  to  the  Le¬ 
gislature  be  adopted,  and  the  President  and  one  of  the  Secretaries 
be  directed  to  sign  and  forward  it. 

MEMORIAL 

Of  a  Convention  of  Delegates  elected  by  the  Citizens  of 
the  different  Districts  interested  in  the  connexion  of 
the  Susquehanna  and  Lehigh  Rivers ,  by  a  Canal 
through  the  Valley  of  the  Nescopeck ,  and  in  the  Navi¬ 
gation  of  the  Lehigh ,  upon  equitable  terms ,  held  at 
Conyngham  Town,  Luzerne  County ,  on  the  20 th  and 
2 1st  days  of  December ,  1832. 

To  tSie  Senate  and  House  of  Representatives 
of  tlie  State  of  Pennsylvania. 

Your  Memorialists  respectfully  shew,  that  their  constitu¬ 
ents  are  labouring  under  the  most  serious  detriment,  from 
the  policy  inflexibly  pursued  byT  the  Lehigh  Coal  and  Navi¬ 
gation  Company, — a  policy  productive  of  grievances  of  al¬ 
most  endless  variety. 

That  this  conduct  is  clothed  in  some  of  the  forms  of  right, 
but  is  entirely  destitute  of  the  substance,  and  demands  the 
speedy  visitation  of  Legislative  correction. 

The  most  offensive  of  its  exhibitions  is  in  the  prohibition, 
by  means  of  excessive  tolls,  of  the  use  of  the  Canal,  into 
which,  under  the  authority  of  the  Legislature,  they  have 
converted  the  natural  navigation  of  the  Lehigh. 

And  from  this  exercise  of  undelegated  power  flow  many 
consequential  ills,  no  less  in  amount  than  blasting,  as  with  a 
pestilential  influence,  that  large  section  of  the  State  known 


16 


as  the  region  of  the  Lehigh  ;  and  incidentally  preventing  the 
extension  of  the  artificial  navigation  to  the  Susquehanna,  and 
depriving  the  Delaware  division  of  the  State  Canal  of  all  its 
sources  of  profit,  and  diverting  large  streams  of  wealth  from 
the  coffers  of  the  State. 

The  nature,  the  extent,  and  the  evidence  of  these  com¬ 
plaints,  will  be  found  in  the  annexed  Reports  of  Committees 
to  whom  we  have  referred  these  topics. 

The  20th  section  of  the  act  of  1822,  the  act  which  confers 
most  of  the  privileges  which  this  Company  enjoy,  reserves 
to  the  Legislature  the  power  to  revoke  these  privileges  when 
misused  or  abused  ;  and  we  charge  this  abuse  of  their  char¬ 
ter,  viz:  that  they  have  imposed  tolls  for  the  purpose  of 
prohibition ,  with  the  design  of  depriving  their  fellow -citi¬ 
zens  of  the  use  of  this  canal .  We  therefore  respectfully,  but 
earnestly,  claim  the  interference  of  the  Legislature,  under  this 
section  of  the.  act  of  1822  ;  and  ask  to  be  permitted  to  adduce 
to  your  Honourable  bodies  legal  evidence  of  this  charge. 

We  also  respectfully  pray  your  Honourable  bodies  to  con¬ 
sult  the  interest  of  the  State,  by  imposing  such  tolls  upon 
all  coal  passing  through  the  Delaware  division  of  the  State 
Canal,  as  would  make  it  the  interest  of  the  Lehigh  Coal  and 
Navigation  Company  to  abandon  their  prohibitory  policy 
and  secure  to  the  state  a  just  and  fair  proportion  of  tolls. 

On  motion,  Resolved,  That  Samuel  Smith,  Jacob  Drumheller, 
Nathan  Beach,  Ziba  Rennet,  Dr  A.  B.  Wilson,  John  D.  Bowman, 
Henry  Sybert,  John  Brigs  and  Peter  Yohe,  be  appointed  a  Com¬ 
mittee  of  Correspondence. 

On  motion,  Resolved,  That  the  proceedings  of  this  Convention 
be  signed  by  the  Presidents  and  Secretaries,  and  published  in  the 
public  papers.  Adjourned. 

NATHAN 
Jesse  Bowman, 

Samuel  Smith,  1 


BEACH,  President. 
Vice  Presidents. 


Jacob  Drumheller, 
Ziba  Rennet, 


Secretaries. 


12  105490 


